Is it best to simply plead guilty to a traffic ticket or disorderly persons offense and pay the fine?
No. Certainly not without first consulting with an experienced attorney.
Most traffic violations and disorderly persons offenses are considered minor offenses. But even minor offenses can have serious consequences.
For example, if you are caught driving without a license for the third time, you may lose your license for up to 5 years. Likewise, if you are convicted for some disorderly persons offenses, you may be sentenced to a period behind bars and you lose certain civil rights, such as the right to ever own a gun.
An experienced attorney can help you avoid these consequences by getting the charges reduced to an even lesser offense or dismissed completely.
If my driver’s license is suspended, can I obtain a restricted or conditional license to drive for certain purposes?
There is no such thing as a restricted or condition license in New Jersey. Once your license is suspended in New Jersey, you will be prohibited from driving until the suspension is lifted by the New Jersey Motor Vehicles Commission (MVC).
In municipal court, can I ask to consult with the prosecutor or to reach a deal on my own?
It will be very difficult to convince the judge to allow you to set up a plea bargain without an attorney. Nor should you want to.
As a general rule, whenever you are charged with a crime that can result in you having a criminal record or a traffic offense they may result in very serious consequences, you should be represented by an attorney.
Therefore, many municipal court judges will not allow you to make a deal to plead guilty to such offenses unless you are represented by an attorney. If you can’t afford an attorney, the court will appoint one to represent you.
How many points must I have before I am assessed a surcharge in New Jersey?
Once you have accumulated 6 MVC points in New Jersey, you will be assessed as a surcharge that must be paid every year for 3 years. Once you have accumulated 12 points, your licenses will be suspended.
The police didn’t catch how fast I was going by radar or laser. Plus, my vehicle doesn’t go as fast as they say I was going. Are these good defenses to a speeding ticket?
No. Even if the police didn’t record your speed by radar or laser, the officer can still provide the court with his or her opinion of how fast you were driving. If the court takes the officer’s word over yours, you may be found guilty, despite the lack of recorded evidence and your claim that your vehicle doesn’t go that fast.
How many points will I receive for a traffic ticket in New Jersey?
The number of MVC points you will receive for a moving violation in New Jersey will vary from 2 – 8 points, depending on the severity of the offense for which you were ticketed. For example:
- 2 points for failure to yield, disregarding a traffic sign, or speeding 1 to 14 mph above the speed limit;
- 5 points for speeding 30 mph or more above the speed limit, reckless driving, or tailgating; and
- 8 points for causing an accident that resulted in injuries
Also, if you accumulate 6 or more points within 3 years, you will be required to pay a surcharge every year for 3 years in order to keep your license. Once you accumulate 12 or more points, your license will be suspended.
Can I have points removed from my license?
Yes. You can have your point total reduced by 2 points for completing a New Jersey defensive driving course. Furthermore, 3 points will be reduced from your driver’s license whenever you go one full year with no additional moving violations.
How long do traffic violations stay on your driving record in New Jersey?
A conviction for a traffic violation in New Jersey will stay on your record forever and, unlike some criminal convictions, can never be expunged. You can, however, have points removed from your driving record by staying violation-free.
When should I hire an attorney to assist me with a New Jersey traffic ticket?
You have the right to be represented by an attorney at all stages of the municipal court process. The sooner you get a lawyer involved, the better.
Before you decide to simply plead guilty and pay a traffic ticket, you should at least consult with an experienced New Jersey traffic ticket lawyer to assess the possible consequences that a conviction may have on your driving record and your insurance premiums.
For the answers to any additional questions that you may have about traffic tickets in New Jersey, consult with an experienced and reputable New Jersey traffic ticket lawyer.